Slate Daily Feed Amicus | The Federal Judiciary Is Trapped
Nov 1, 2025
Former federal judge J. Michael Luttig discusses alarming threats to the rule of law in America, highlighting the disconnect between lower courts and the Supreme Court under Trump’s influence. He argues that judges must speak out to protect legitimacy. CEO Rick Woldenberg shares his story of standing against Trump’s tariffs, detailing the financial strain on his family business. Woldenberg emphasizes the importance of small businesses in this legal fight, revealing how they are pivotal in challenging the administration's policies.
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Unchecked Presidential Power Threatens Republic
- J. Michael Luttig warns Trump has seized near-absolute unchecked power across branches of government.
- He argues this consolidation enables subversion of future elections and threatens the republic's constitutional order.
Lower Courts Fight While Supreme Court Stagnates
- Luttig says lower federal courts are honoring their oaths and actively checking unlawful executive acts.
- He criticizes the Supreme Court for failing to support lower courts, calling that inaction existential for rule of law.
Judicial Candor Preserves Legitimacy
- Luttig defends judges who publicly call out executive falsehoods as necessary, not politicization.
- He frames judicial pushback as essential to preserving legitimacy and preventing lawless revolt.
